ORDER :- Feeling aggrieved by the order dated 29-3-2001 passed by the Probate Court (XIth Additional District Judge, Jabalpur) in MJC No. 73/99 granting the probate certificate to deceased respondent-Smt. Girja Bai, present appellant has knocked the door of this Court by filing this appeal under S. 299 of the Indian Succession Act, 1925 (in short 'the Act').

2. The facts shorn of unnecessary details lie in narrow compass. An application under S. 276 of the Act was filed by deceased respondent-Smt. Girja Bai before the Probate Court stating therein that she got married to Chhadami Lal Choudhary on 10-9-1972 and the marriage was solemnized in accordance with the customs, rite and usage as well as according to the traditions prevailing in the Choudhary community to which she belongs. From the wedlock of Girja Bai and Chhadami Lal Choudhary, three children were born they are Ku. Janki Bai, Sohanlal and Ku. Asha. Further it has been stated in the application that earlier her husband got married to Smt. Sundariya Bai who is appellant in this appeal in the year 1958 but she never discharged her matrimonial duties and was not faithful towards her husband as she was lax of moral. Ultimately

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